TRIPS and Changes in Pharmaceutical Patent Regime in India (original) (raw)
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When India's patent law was changed to align with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), it made it harder for generic pharmaceutical companies to do business. Two of the most important changes were the creation of a product patent system for medicines, which replaced the old process patent system, and the lengthening of pharmaceutical patents from 5 to 7 years to 20 years (5 years from the sealing of the patent or7 years from the date of application, whichever was lower). In the 1980s, a generic pharmaceutical company was started because of India's pre-TRIPS patent policy. This policy banned product patents in the pharmaceutical industry. How did the Indian pharmaceutical industry deal with the problems caused by the product patent regime, which aligns with TRIPS? When researchers looked into the factors affecting large industrial companies' size and operational strengths, they found no structural problems in generic businesses. They stayed at the top of the market regarding capital invested and business size. They stayed in business and made more money than the rest of India's major industries. Even though all the big generic drug companies make generic drugs, they still spend much of their sales money on research and development (R&D). They worked hard to get patents, even though they filed far more in other countries.
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Post-2005 TRIPS scenario in patent protection in the pharmaceutical sector: The case of the generic pharmaceutical industry in India Biswajit DHAR Acknowledgment: Funding for the UNCTAD/ICTSD Project on Intellectual Property Rights and Sustainable Development has been generously provided by DFID, IDRC, SIDA and the Rockefeller Foundation. The broad aim of this Programme is to improve the understanding of intellectual property rights related issues among developing countries and to assist them in building their capacity for ongoing as well as future negotiations on intellectual property rights. This document has been produced with the support of the UNCTAD/ICTSD Project on IPRs and Sustainable Development and IDRC. Readers are encouraged to quote and reproduce this material for educational, non-profit purposes, provided the source is acknowledged. All views and opinions expressed remain solely those of the authors and do not purport to reflect the views of UNCTAD, IDRC ICTSD or the f...